G.Pawankumar v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2020
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.Nos.16776 & 16990 of 2020 G.Pawankumar ... Petitioner in Crl.O.P.No.16776/2020 Suresh ... Petitioner in Crl.O.P.No.16990/2020
Versus
State by The Inspector of Police, Perambalur Police Station, Perambalur District.
Crime No.2113 of 2020 ... Respondent in Crl.O.P.No.16776/2020 State by The Inspector of Police, Perambalur Police Station, Perambalur District.
Crime No.2113 of 2020 ... Respondent in Crl.O.P.No.16990/2020 Common Prayer: Criminal Original Petitions filed under Section 439 Cr.P.C. to enlarge the petitioners on bail in Crime No.2113 of 2020 on the file of the respondent police.
For Petitioner in Crl.O.P.No.16776/2020 : Mr.P.Muthamizhselvakumar For Petitioner in Crl.O.P.No.16990/2020 : Mr.N.Saravanan For Respondent in both Crl.O.Ps : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)
C O M M O N O R D E R (The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 03.10.2020 for the offence punishable under Sections 328 of IPC read with Section 20(2) of Cigarettes and Other Tobacco Products Act 2003, in Crime No.2113 of 2020, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioners were found in possession of banned tobacco products. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case based on the confession of co-accused. He would further submit that the entire property has been recovered only from the co-accused and no material has been recovered from the petitioners. He would submit that the petitioners have been suffering incarceration from 03.10.2020. Hence, he prays for grant of bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the petitioners are arrayed as A4 and A2 and they were found in possession of banned tobacco products worth about Rs.3 lakhs.
He would submit that insofar as the petitioner in Crl.O.P.No. 16776 of 2020, he has got one previous case of similar nature. Insofar as the petitioner in Crl.O.P.No.16990 of 2020 is concerned, he is a retail seller and used to sell the banned tobacco products among the school and college students. He would further submit that the investigation is pending and if bail is granted at this stage, there is every possibility that the petitioners may abscond.
5. Taking into account the serious nature of offence and the fact that there is one previous case against the petitioner in Crl.O.P.No. 16776 of 2020 and that the investigation is pending, this Court is not inclined to grant bail to the petitioners. Accordingly, these Criminal Original Petitions stand dismissed.
-sd/- 22/10/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
2 THE OFFICER INCHARGE SUB JAIL, PERAMBALUR.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.
CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OPs.16776 & 16990/2020 Date :22/10/2020 cs 02/11/2020